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20130420
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is the suspect as he was apprehended last night, it comes as top republicans urged president obama to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the de
to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what will be the traditional questioning and interrogation within the constructs of the civilian law system. >> that's to figure out what went down in all this, but how do investigators begin determining whether or not they were part o
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